Affinity Labs of Texas, LLC v. Apple, Inc.

Filing 240

ORDER by Judge Claudia Wilken Granting In Part And Denying In Part 215 Administrative Motion to File Under Seal regarding Affinity's Claim Construction and Summary Judgement Briefing. (ndr, COURT STAFF) (Filed on 6/13/2011)

1
2
3
4
5

IN THE UNITED STATES DISTRICT COURT

6

FOR THE NORTHERN DISTRICT OF CALIFORNIA

7
8

AFFINITY LABS OF TEXAS, LLC,

9

Plaintiff,

10
United States District Court
For the Northern District of California

No. C 09-04436 CW

v.

11

ORDER GRANTING IN
PART AND DENYING
IN PART
PLAINTIFF’S
ADMINISTRATIVE
MOTION TO SEAL
(Docket No.215)

APPLE INC.,

12

Defendant.
/

13
14
Plaintiff Affinity Labs of Texas, LLC, has moved to file under
15
seal various documents submitted in connection with its Claim
16
Construction Reply Brief, Summary Judgment Reply Brief, and Brief
17
in Opposition to Apple’s Motion for Summary Judgment.

Docket No.

18
215.
19
Pursuant to Local Rule 79-5(d), Affinity moves to seal
20
Exhibits 1, 3, 5, 8, 22, 23, and 25 to the Declaration of David C.
21
Dotson in Support of its Brief.

Affinity also moves pursuant to

22
Local Rule 79-5(c) and (d), to seal portions of its Brief that
23
disclose information designated Highly Confidential by Apple.

On

24
June 9, 2011, Darin J. Glasser submitted a Declaration in Support
25
of Apple, Inc.’s Request to Maintain Certain Confidential Documents
26
Under Seal.

Docket No. 236.

Glasser’s declaration gave support to

27
sealing Exhibits 1, 3, 5, 8, 22, 23, and 25, but did not request
28

1

the sealing of portions of Affinity’s Brief.

2

motion, and supporting declarations, the Court GRANTS the motions

3

to seal Exhibits 1, 3, 5, 8, 22, 23, and 25, but DENIES without

4

prejudice the request to seal portions of its Brief.

5

Having considered the

Pursuant to Local Rule 79-5(b), Affinity moves to seal

6

Exhibits 10, 11 and 26 to the Dotson Declaration, and Exhibit M3 to

7

the Declaration of Joseph C. McAlexander III in Support of its

8

Brief.

9

because they contain certain information designated Highly

According to Affinity, Exhibits 10 and 11 warrant sealing

United States District Court
For the Northern District of California

10

Confidential by third party Yahoo! Inc.

11

declaration in support of sealing this information.

12

not clear that Yahoo! has been served or otherwise notified of the

13

motion.

14

to Exhibits 10 and 11.

15

serve Yahoo! the motion, or notify the Court that it has already

16

done so.

17

it shall file a declaration in support of the motion by June 22,

18

2011.

Yahoo! has not filed a
However, it is

Thus, the Court reserves judgment regarding the motion as
On or before June 15, 2011, Affinity shall

In the event that Yahoo! seeks to seal the information,

19

The motion as to Exhibit M3 to the McAlexander Declaration is

20

similarly lacking evidence from third parties and Apple to support

21

sealing.

22

the third parties of this motion to seal regarding Exhibit M3.

23

Thus, on or before June 15, 2011, Affinity shall serve the motion

24

to the pertinent third parties, or notify the Court that it has

25

already done so.

26

seal Exhibit M3, they shall file a declaration in support of the

27

motion by June 22, 2011.

28

However, it is also unclear where Affinity has notified

In the event that these third parties seek to

The Court reserves judgment on the motion
2

1

as to Exhibit M3.

2
3

The Court GRANTS the motion as to Exhibit 26 to the Dotson
Declaration.

4

Pursuant to Local Rule 79-5(c), Affinity moves to seal

5

portions of Exhibit M4 to the McAlexander Declaration.

6

Local Rule 79-5(c) and (d), Affinity met with Apple concerning

7

Exhibit M4.

8

portions of Exhibit M4 be filed under seal.

9

to file a declaration in support of sealing that portion of Exhibit

United States District Court
For the Northern District of California

10

M4.

11

Pursuant to

According to Affinity, Apple demanded that certain
However, Apple failed

prejudice.

12

Thus, the motion to seal Exhibit M4 is DENIED without

In sum, the following items shall be sealed: Exhibits 1, 3, 5,

13

8, 22, 23, 25 and 26 to the Dotson Declaration.

14

items shall not be sealed unless further evidence submitted

15

demonstrates that sealing is warranted: Affinity’s Brief and

16

Exhibit M4 to the McAlexander Declaration.

17

judgment as to Exhibits 10 and 11 to the Dotson Declaration, and

18

Exhibits M3 to the McAlexander Declaration.

19

2011 Affinity shall serve this order on Yahoo! and all third-

20

parties seeking to seal Exhibit M3.

21

The following

The Court reserves

On or before June 15,

IT IS SO ORDERED.

22
23

Dated: 6/13/2011
CLAUDIA WILKEN
United States District Judge

24
25
26
27
28

3